Previous Employer won't give me my P45 Question?

jackw1412

Sorry if this is in the wrong in the thread im new to boards.ie, Okay I was working through a recruitment company for about 8-9 months until I got a permanent job about 5 weeks ago, the recruitment company refuse to give me my P45 unless I state my current employers details? Is this normal or do they have no right whatsoever to know these details about me?

Deagol

jackw1412 wrote: »

Sorry if this is in the wrong in the thread im new to boards.ie, Okay I was working through a recruitment company for about 8-9 months until I got a permanent job about 5 weeks ago, the recruitment company refuse to give me my P45 unless I state my current employers details? Is this normal or do they have no right whatsoever to know these details about me?

They have no right to know that whatsoever. They are legally bound to provide you with your P45, tell them if you don't receive it you will report them to the revenue.

davo10

Is the permanant position with the company the recruitment agency got you the job with?

jackw1412

Yes but I haven't told them, the recruitment agency said they spoke to my new employers by name but I never told them personally, why would they need this information from me if they were speaking to them?

jackw1412

jackw1412 wrote: »

Yes but I haven't told them, the recruitment agency said they spoke to my new employers by name but I never told them personally, why would they need this information from me if they were speaking to them?

They just want me to state my new employers basically in email or something then she will send me my P45 so I can get my tax return before christmas? Otherwise I have to wait for my P60 in the new year. Should I do it or not?

Did they say that in an email?
Forward it on to revenue and you will get a P45.

Practically as it is almost the end of the year if you are paid monthly your employer could be processing your pay now and you might be stuck paying emergency tax till the end of the year.

Your best bet is to get your new employment details (employer number, start date, employee number) and call revenue on Monday morning to explain it.

Sunny Dayz

They don't need your new employers details.

However you can ring the PAYE helpline yourself (number will be under contact locator on revenue website). Ring revenue with your pps number, tell them you no longer work for the temping agency. Give them your new employers tax number and your start date and request a new tax credits certificate to issue for you.

exaisle

You can contact revenue on 01 7023011 rather than the 1890 number which can be expensive if phoning from a mobile.

jackw1412

exaisle wrote: »

You can contact revenue on 01 7023011 rather than the 1890 number which can be expensive if phoning from a mobile.

All that is done and the revenue said they don't get into anything between employees and employers its that by getting a new tax certificate i won't get my tax back before Christmas either the girl said they only way to get my tax back before Christmas is to submit my P45 before next Wednesday . She wasn't very helpful at all really

dreamers75

I would assume the agency wants to charge the company for hiring you?

Also do the above they cannot withhold your P45.

davo10

jackw1412 wrote: »

Yes but I haven't told them, the recruitment agency said they spoke to my new employers by name but I never told them personally, why would they need this information from me if they were speaking to them?

You need to read the recruitment companies T&c's, if you you become an employee of the company the recruitment company got you a job with (conversion), the recruitment company may be due a substantial fee. You were an employee of the recruitment agency and they invoiced your employer, they took a cut off this, now they are being cut out of the loop so your employer may have to pay the recruitment company for your conversion from a temporary agency worker to a full time employee. You reaped the benefit of their services, now they want payment for the fact that they no longer benefit from the arrangement.

You need to read your contract with the recruitment agency.

ED E

dreamers75 wrote: »

I would assume the agency wants to charge the company for hiring you?

Also do the above they cannot withhold your P45.

Yep, this is so they can bill your new employer.

the_syco

jackw1412 wrote: »

I was working through a recruitment company for about 8-9 months until I got a permanent job about 5 weeks ago, the recruitment company refuse to give me my P45 unless I state my current employers details?

To confirm, you were working for company A, but are now working for company B, and the recruitment company wants the details of company B?

davo10

the_syco wrote: »

To confirm, you were working for company A, but are now working for company B, and the recruitment company wants the details of company B?

Op confirmed its the same company.

Freddio

If you have never done agency work before you should be aware recruitment agents are a type. They will go after you and your company as they had contracts with both of you

As an FYI it doesn't take much detective work to ascertain the company behind a recruitment agency ad and apply directly before you have entered into a contract with the agency

jackw1412

Freddio wrote: »

If you have never done agency work before you should be aware recruitment agents are a type. They will go after you and your company as they had contracts with both of you

As an FYI it doesn't take much detective work to ascertain the company behind a recruitment agency ad and apply directly before you have entered into a contract with the agency

Okay I think its all sorted i was just on to the managing director of my new company (Company and she said that the recruitment agency are trying to bring them to court because they took me and 3 others on for a Full rate when I was only receiving about 75% of the full rate from the recruitment agency, but the recruitment agency was charging my new company(Company like 150% of the rate and pocketing 75% for themselves.

It's madness really but she said she's personally ringing the revenue on Monday morning to try her best to get this sorted before Christmas for me. Thanks a million everyone for the input.

davo10

jackw1412 wrote: »

Okay I think its all sorted i was just on to the managing director of my new company (Company and she said that the recruitment agency are trying to bring them to court because they took me and 3 others on for a Full rate when I was only receiving about 75% of the full rate from the recruitment agency, but the recruitment agency was charging my new company(Company like 150% of the rate and pocketing 75% for themselves.

It's madness really but she said she's personally ringing the revenue on Monday morning to try her best to get this sorted before Christmas for me. Thanks a million everyone for the input.

Just to clarify, when I asked you earlier if the company you are now employed by is the same one you were placed with by the recruitment agency, you said "yes". Are you still working as a full time employee with the company you were working at for the last 9 months? Is A the recruitment company and B the company they placed you with? Have you converted from an agency worker to an employee in the same place?

jackw1412

davo10 wrote: »

Just to clarify, when I asked you earlier if the company you are now employed by is the same one you were placed with by the recruitment agency, you said "yes". Are you still working as a full time employee with the company you were working at for the last 9 months? Is A the recruitment company and B the company they placed you with? Have you converted from an agency worker to an employee in the same place?

Yes Company A was the recruitment company i was working with temporary with no contract for about 9 months and during the last 3/4 weeks working with the recruitment company the recruitment company sent me to Company B and Company B(new full time employers) offered me a full time contract excluding the recruitment company when I told them how much the recruitment company (Company A) was paying me.
Sorry
If that clears it up abit more

davo10

jackw1412 wrote: »

Yes Company A was the recruitment company i was working with temporary with no contract for about 9 months and during the last 3/4 weeks working with the recruitment company the recruitment company sent me to Company B and Company B(new full time employers) offered me a full time contract excluding the recruitment company when I told them how much the recruitment company (Company A) was paying me.
Sorry
If that clears it up abit more

It is no surprise that the recruitment company is taking legal action against your new employers, they placed you with this company and are due a fee, that is how employment recruitment agreements work. This is not your problem, to an extent. You need to read your contract with the recruitment company to see the implications of conversion from an employee of the recruitment company to an employee of a the company they place you with, your new employer will also need to read their agreement with the recruiter. You may well be caught in the middle, if your new employer refuses to pay and legal action ensues, they may need to pay or revert you back to an agency worker and pay the recruitment agency, or let you go and advertise your job.

The recruiter can charge the company whatever the company agreed to pay, and then pay you whatever you agreed to work for. There may be a disparity between the two but everyone involved may have agreed those rates. They got you the job at a rate you accepted.

This is the typical T&c's of a recruitment company which an employer has to abide by:

http://www.kellyservices.ie/IE/Business-Services/Terms-of-Business-Kelly-Ireland/

Sounds like a contract issue rather than employment issue.

jackw1412

davo10 wrote: »

It is no surprise that the recruitment company is taking legal action against your new employers, they placed you with this company and are due a fee, that is how employment recruitment agreements work. This is not your problem, to an extent. You need to read your contract with the recruitment company to see the implications of conversion from an employee of the recruitment company to an employee of a the company they place you with, your new employer will also need to read their agreement with the recruiter. You may well be caught in the middle, if your new employer refuses to pay and legal action ensues, they may need to pay or revert you back to an agency worker and pay the recruitment agency, or let you go and advertise your job.

The recruiter can charge the company whatever the company agreed to pay, and then pay you whatever you agreed to work for. There may be a disparity between the two but everyone involved may have agreed those rates. They got you the job at a rate you accepted.

This is the typical T&c's of a recruitment company which an employer has to abide by:

http://www.kellyservices.ie/IE/Business-Services/Terms-of-Business-Kelly-Ireland/

Sounds like a contract issue rather than employment issue.

Ye I'd best leave it to the boss man to sort this and hope I can stay at the new company at the same time. Thanks a million anyway I've a decent enough understanding of it all now.